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G.S.KULKARNI
Slum Rehabilitation Authority, Mumbai – Appellant
Versus
M. m. Project Consultants Private Limited, Mumbai – Respondent
| Table of Content |
|---|
| 1. introduction and background of the case (Para 1 , 3 , 4 , 5 , 6) |
| 2. details of the agreement and project (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. issues from the arbitration and termination (Para 14 , 15 , 16 , 17 , 18) |
| 4. claims and counterclaims during arbitration (Para 19 , 20 , 21 , 22) |
| 5. submissions by petitioner and respondent (Para 34 , 35) |
| 6. court's initial observations (Para 36 , 37 , 39 , 43) |
| 7. discussion on repudiation of contract (Para 44 , 45 , 46 , 47 , 50) |
| 8. legal standards for termination (Para 74 , 75 , 76 , 80) |
| 9. principles for awarding damages (Para 86 , 112 , 118 , 119) |
| 10. final conclusion of the court (Para 122) |
JUDGMENT
G S Kulkarni, J. - This is a Petition under section 34 of the Arbitration and Conciliation Act, 1996 ( for short ''ACA'') whereby the Petitioner challenges an arbitral Award dated 15 January 2018 passed by a three-Member Arbitral Tribunal. The impugned award partly allows the claims as made by the respondent/claimant in the arbitral proceedings, to the extent that a claim for damages for an amount of Rs.86.72 crores for wrongful termination of the contract, as entered between the parties stands awarded against the petitioner. The a
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